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Broken Freezer

  • 11-04-2012 5:27pm
    #1
    Registered Users, Registered Users 2 Posts: 1,505 ✭✭✭


    We have a fridge/freezer and the door fell off the freezer a while ago. The door was a little unstable before but I never said anything to the agents. Anyway we opened the fridge one day and the door fell out at us. We used the freezer a lot and we never let it get too icy as it is quiet small and there is two of us using it.

    The agents looked at it after it happened and said we obviously didn't use the freezer and it froze over and popped the door off. I disagreed, he said he would look into it. I never heard back and we just starting eating fresher food, no pizzas, over chips etc so win win really.

    Anyway I mentioned it again today and they are still claiming it is our fault the door broke, I told him to look into it and we wanted it fixed for summer for ice for drinks. He said he would get back to me, just wondering what happens here if he continues to claim it is our fault? Does he still have to fix/replace the door and take it out of the deposit? Do we replace it? Do we have any come back as it's his word against ours? Can he just the deduct the cost from the deposit?


Comments

  • Closed Accounts Posts: 1,911 ✭✭✭aN.Droid


    Personally I would get the freezer fixed myself and withhold the amount it cost from the rent. I would inform the agent of this fact first though and send a registered letter stating this and in the letter give them 2 weeks to fix it themselves also.


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Limericks wrote: »
    Personally I would get the freezer fixed myself and withhold the amount it cost from the rent. I would inform the agent of this fact first though and send a registered letter stating this and in the letter give them 2 weeks to fix it themselves also.
    Before a tenant can start having an appliance repaired, he must advise the landlord / agent in writing (keep a copy) of the fault and give him "a reasonable time" to remedy the matter. A reasonable time is usually about 14 days but may be longer or shorter depending on the circumstances.

    If the matter is not resolved within the time frame, get two or three quotes for the repair, and have it repaired using the lowest quote. Send a copy of the quotes to the landlord / agent specifying that you will withhold that amount from the rent. Keep the receipt / invoice for the work done.


  • Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    Limericks wrote: »
    Personally I would get the freezer fixed myself and withhold the amount it cost from the rent. I would inform the agent of this fact first though and send a registered letter stating this and in the letter give them 2 weeks to fix it themselves also.
    You should be careful withholding rent without the landlords agreement because he can claim that this broke your tenancy agreement.
    Can tenants withhold rent to pay for repairs?

    In some circumstances, tenants may have the right to carry out any repairs their landlords fail to do and withhold rent to recover the cost of those repairs if the landlord does not repay the tenant. If a tenant plans to make repairs they must let the landlord know in writing. The letter to the landlord must include:
    • that the tenant plans to carry out certain repairs needed
    • the opportunity for the landlord to carry out the repairs
    • quotes for costs from three different builders
    Once tenants have carried out the repairs, they should give the landlord the opportunity to pay them back for the cost of the repairs. If the tenant does not follow the correct procedures, the landlord may be able to take them to court and seek to evict them for not paying enough rent.
    If the repairs are very disruptive, the tenants may be entitled to claim a reduction on their rent known as a 'rent abatement'. The reduction will depend on how much of the property is unusable. If, for example, the tenants can only use half the property during the repairs, they may be entitled to pay only half their normal rent during this time.
    Landlords may have the right to increase their tenants' rent after carrying out repairs and improvements, depending on the tenancy agreement. If the tenancy started before 15 January 1989, the landlord can apply to the rent officer to register a new fair rent based on the new condition of the property.
    Tell him that if you repair the freezer you will take your freezer door with you when you leave!


  • Registered Users, Registered Users 2 Posts: 1,505 ✭✭✭wicklowwonder


    Very helpful guys I will call him tomorrow then send a registered letter Friday if he doesn't agree to fix it, give him 14 days hopefully we will see a result. If he continues at insisting we broke it is he still responsible for fixing it or what happens in this case?


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